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Vol. 3, Issue 9

Find Solutions & Strategies                         February 27, 2012

North Carolina signWorkers' Comp Reform: Spotlight on North Carolina

 

Does the WCRI measuring stick fall short?

In This Issue
-NORTH CAROLINA REFORM
-LARSON'S SPOTLIGHT: Retaliatory Discharge, Credibility of Witnesses, Notice of Injury, Project Owner Liability
-TOP 10 WC ISSUES
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From The Editor
Robin Kobayashi 2010

Dear WC Professionals: 

 

In this issue we visit North Carolina to discuss WCRI's baseline for measuring the impact of reforms in that state. Thanks to Vernon Sumwalt, Esq. for his insights on this matter.

 

To sign up for this free, weekly eNewsletter, email me your full name and email address, along with your request for the National Edition.

 

Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
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north carolina: measuring reform

Vernon SumwaltWCRI's Baseline for Evaluating Impact of North Carolina's 2011 Workers' Comp Reforms: A Measuring Stick That Falls Short, by Vernon Sumwalt. WCRI's "Baseline for Evaluating Impact of 2011 Reforms in North Carolina: CompScope™ Benchmarks, 12th Edition" (the "WCRI study") tries to provide a measuring stick to evaluate the 2011 amendments to the North Carolina Workers' Compensation Act in the years to come. There are many different factors that will go into this evaluation, not to mention the perspective of the political environment in which the amendments were passed. The 2011 Reform was the offspring of the Tea Party's takeover of the 2010 political landscape in most states, and North Carolina was no exception. > Read more

Larson's spotlight: retaliatory discharge

Tom Robinson thumbnail

Retaliatory Discharge; Employer Honestly Believed That Medical Condition Prevented Worker From Performing Duties, by Thomas A. Robinson. Proving that an employer's motives in firing an injured worker were retaliatory can be difficult. In most instances, retaliatory discharge must be shown by circumstantial evidence, since the employer is not apt to announce retaliation as its motive. Proximity in time between the claim and the firing is often the beginning point. Once the employee has made a prima facie case of retaliation, the burden devolves upon the employer of proving a legitimate, non-pretextual, non-retaliatory reason for the discharge. In a recent decision from the 10th Circuit Court of Appeals...Read more about this case and other noteworthy cases.
A national expert's year in review

Top 10 GoldThomas A. Robinson on 2011 Year in Review: Top 10 Issues in Workers' Compensation Law. In this 19-page LexisNexis Emerging Issues Analysis article on sale now at the LexisNexis Bookstore, workers' comp expert Thomas A. Robinson analyzes the top 10 workers' comp events for 2011 on a national level, with an eye to the hot button issues for 2012. His top 10 list covers: 1. Injuries to Telecommuters. 2. Opioid Abuse in Treatment of Injured Workers. 3. Mental Injuries Within the Work Environment. And more. > Read the abstract

blogs at the lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter: New Orleans Attorney Decides to Punt, Pleads Guilty to  Defrauding Pro Football and Hockey Players, by LexisNexis Workers' Compensation Law Community Staff.  Read it.

 
 

CWCICWCI Debuts New Score Card Series on California Workers Comp Claims Experience by Injury, by California Workers' Compensation Institute.  Read it.

 

 

 

Cal Comp CasesInjured Worker, Married 8 Days Before Deposition, Succeeds in Barring Wife's Testimony as to His Drug Use and Incarceration by Asserting Marital Privilege, by California Compensation Cases Staff. Read it.

 

 

 

CassandraRefried Beans - Delaware Supreme Court Agrees to Re-Visit the Mexican Take-Out Case on UR Appeal Deadline, by Cassandra Roberts, Esq. Read it.

 

 

 

 

Texas Yellow SignTexas Supreme Court Grants Rehearing in Ruttiger, by Downs Stanford, P.C. Read it.

 

 
national news
state news

AZ: HB 2367 Would Establish Workers Comp Health Care Organizations.

AZ: HB 2365 Would Require Use of ACOEM Guidelines in Workers Comp Cases.

AZ: Lawmakers Water Down Changes to Workers Comp System.

CA: DWC Honors Saul Allweiss, Lisa Ivancich With Community Service Awards.

CA: DWC Educational Conference (Los Angeles) Sell Out: Over 900 Attendees.

CA: DWC Educational Conference (Oakland) Still Accepting Registrations for March Event.

CA: State Posts Job for Oakland Presiding Judge.

CO: Pinnacol Chairman Urges Further Study of Pinnacol Restructuring.

DE: Insurance Commissioner Makes Two Key Appointments.

FL: Columnist Criticizes NCCI for Lobbying for Higher Rates to Help Insurers.

FL: Senate Committee OKs Major Overhaul of Workers Comp Bill.

FL: AIF Supports House's Advance of Bill to Close Loophole for Repackaged Drugs.

FL: Florida Chamber Supports Bill to Close Loophole for Repackaged Drugs.

FL: ACLU, Union Fight Governor's Order for Random Drug Testing of State Workers.

FL: House Passes HB 971 to Eliminate Panel Responsible for Nominating JCCs.

FL: House Passes HB 1277 Workers Comp Fraud Bill Involving Check-Cashing Companies.

HI: HB 466 Would Require Agreement of Parties on Physicians, Allow Out-of-State Physicians.

HI: SB 2487 Would Make Workplace Bullying a Safety Violation.

IL: WCRI Releases Study of Illinois Workers Comp Benchmarks for 2007-2010.

IL: GOP House Leader Concerned That Governor Will Propose More Taxes on Businesses.

IL: Journal Star Begins Series on Illinois' Disadvantage at Luring Big Business.

IL: SB 3825 Would Create Workers Compensation Insurance State Fund.

IL: IWCC Schedules Open Houses in Chicago, Downstate.

KS: House Passes HB 2351 to Change Selection Process for Workers Comp Judges.

LA: US Dept of Labor, LWC Sign Agreement to Combat Misclassification of Workers.

MN: Gary M. Hall Appointed to Workers Comp Court of Appeals.

NH: Agency Files Amended Complaint Against LGC, Adds Civil Conspiracy.

NH: State Officials Liken LGC Surplus to an Offshore Account.

NY: NY Workers Comp Surcharge Five Times Higher Than Other States.

ND: WSI Chief Doctor Says Agency Tried Twice to Change His Medical Opinions; WSI Objects.

ND: WSI Employee Claims Improper Deletion of Notepad Record in Claim File; WSI Objects.

ND: WSI Employee Re Notepad Deletions Seeks Whistleblower Protection.

ND: Ex-WSI Director Files Federal Appeal to Review Conviction for Misspending State Funds.

OH: Watchdog Group Threatens to File Suit Over Lack of State Report on Coingate Scandal.

OH: BWC Seeks Equity Managers to Run $1.4B of State Insurance Fund Portfolio.

OH: BWC Reworking Claims Process to Return Injured Workers to Work.

OH: Newspaper Reports 120 Companies in 7 Counties Violated Labor Laws.

OK: Lawmaker Seeks to Compel House Staff to Testify in His Workers Comp Case.

OK: Senate Committee Approves SB 1378 Workers Comp Opt Out Bill.

OR: WCD Reports Increase in Compensable Work Fatalities for 2011.

OR: WCD Posts Testimony Re Medical Fees, Services, Managed Care Organizations.

OR: WCD Posts Form Changes for Preferred Worker Program.

PA: Auto Worker Wins $1.2M Award for Stroke While Working in 100+ Degrees Temperature.

TX: Supreme Court Grants Rehearing in Bad Faith Case: Texas Mutual v. Ruttinger.

TX: Insurer Sues Transit Authority; Already Paid Substantial Workers Comp Death Benefits.

TX: DWC Proposes Changes for Subscribing/Nonsubscribing Employers, Political Divisions.

TX: DWC Proposes Changes to Designated Doctor Procedures, Requirements.

WA: HB 2359 Would Limit L&I's Authority to Remove Provider From Network.

WA: Seattle Port Strike: Drivers Protest Independent Contractor Status.

WA: Policy Group Recommends Expanding Law Re Voluntary Settlements for Injured Workers.

WA: $12.75M Negligence Award Affirmed for Firefighter Who Fell Down Pole Hole.

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Top 25 Blogs 2011

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ENEWSLETTER ARCHIVES

Take a deep dive into our past eNewsletters for 2012 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

 

February 21, 2012: Workers' Comp Reform: Spotlight on Illinois.

February 13, 2012: Exclusivity & Intentional Torts Under LHWCA.

February 6, 2012: Chronic Pain Treatment: New Attitudes and Alternatives.

January 30, 2012: Impact of Workers' Comp Reform: NY and CA.

January 23, 2012: Economic Costs of Occupational Injuries.

January 17, 2012: U.S. Supreme Court Decision on Outer Continental Shelf.

January 9, 2012: Top 10 Bizarre Cases for 2011.

January 2, 2012: 10 Myths and Facts About Workers' Compensation.

ACCESS 2010-2011 ARCHIVES AND ARTICLES LIST HERE.

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